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Planning enforcement

Main enforcement powers available

1. Planning contravention notice

   • Enables the local planning authority to obtain information about a suspected breach of planning control.
   • An offence to ignore: maximum penalty £1000.

2. Breach of condition of notice

   • Served where a condition on a planning permission is not being complied with.
   • Requires compliance with condition within a specified timescale.
   • Not appealable, therefore quicker than enforcement notice.
   • An offence not to comply: maximum penalty £1000.

3. Enforcement notice

   • Can be served where development is being carried out without planning permission or where a condition is not being complied with.
   • Requires rectification of the breach within a specified timescale.
   • Recipient has right of appeal to Department of the Environment.
   • An offence not to comply: maximum penalty £20,000.
   • Direct-action powers available to Council in the event of continued non-compliance.

4. Stop notice

   • A 'draconian' measure used in exceptional circumstances where it is essential that:
     1. activities cease to safeguard amenity or public safety in the neighbourhood
     2. activities cease to prevent serious or irreversible harm to the environment.
   • Always served with an enforcement notice.
   • Requires activities to cease within a minimum period of usually three days.
   • Not appealable.
   • An offence not to comply: maximum penalty £20,000.
   • Carries compensation implications.

5. Listed building enforcement notice

   • Similar to enforcement notice but used where works have been carried out to a listed building, either without the benefit of listed building consent or in contravention of a condition of such a consent.

6. Injunction

   • An order of the High Court or the County Court, which can be used to restrain an actual or apprehended breach of planning or listed building control.
   • Used where nothing short of an injunction would be effective to restrain breaches.
   • Compensation implications.

7. Penalties for other offences

   • Cutting down, uprooting or wilfully destroying a protected tree £20,000.
   • Other works to protected tree £2,500.
   • Unauthorised works to listed buildings £20,000.
   • Display of an advertisement in contravention of advertisement regulations: £1,000 with a further fine of £1,000 a day for continuation of the offence.

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